The Supreme Court of India, in a significant ruling, has stated that the Chief Secretary of the Government of the National Capital Territory of Delhi, though appointed by the Central Government, must adhere to the directions of the Delhi Government on matters within its executive competence. This judgment, pronounced by a bench led by Chief Justice of India DY Chandrachud, emphasizes the importance of the Chief Secretary’s role in ensuring the smooth functioning of the elected government.
The Court’s judgment, delivered on November 29 and later uploaded on the Supreme Court’s website, came in response to a writ petition filed by the Delhi Government. The petition challenged the Central Government’s authority to appoint or extend the tenure of the Chief Secretary without the concurrence of the Delhi Government. During the hearing, the Centre informed the Court that it had decided to extend the term of the incumbent Chief Secretary Naresh Kumar by six months.
In its 28-page verdict, the Supreme Court referred to a 1973 judgment, describing the Chief Secretary’s post as a
“post of great confidence- a lynchpin in the administration.”
The Court observed,
“Civil servants are required to be politically neutral and must abide by the directions of the elected arm to give effect to the principle underlying the triple-chain of collective responsibility. The post of a Chief Secretary is uniquely placed. The Chief Secretary performs functions which fall both within and outside the executive competence of the GNCTD. The Chief Secretary though appointed by the Central Government, must comply with the directions of the elected government over matters on which their executive competence extends. The actions (or inactions) of the Chief Secretary must not put the elected government at a standstill.”
The Supreme Court upheld the power of the Centre to appoint and extend the tenure of the Chief Secretary of the Delhi Government. However, it clarified that the Chief Secretary must not act in a way that hinders the functioning of the elected government. The Court’s observations are subject to the outcome of a reference pending before the Constitution Bench regarding the validity of the GNCTD (Amendment) Act 2023, which diluted the powers of the Delhi Government over services.
This ruling is a crucial development in the ongoing tussle between the Delhi Government and the Lieutenant Governor over administrative control. The extension of the tenure of the current Chief Secretary, who is reportedly not on good terms with the Delhi Government due to allegations against his son in a land acquisition case, was the latest point of contention between the two entities. The Supreme Court’s judgment provides clarity on the role and responsibilities of the Chief Secretary, balancing the powers between the Central and the State Government in the unique administrative setup of the National Capital Territory of Delhi.
